Central America Real Estate Property For Sale: Terms and Conditions

Terms and Conditions

This version 2010/1 is applicable from June 1st 2010

Please read this page carefully, as it contains the terms of a legal agreement between you and the Real Estate Property For Sale Group (REPFSG) which governs your access to, use of, and purchase of services on CentralAmericaRealEstatePropertyForSale.com (CAREPFS) By accessing, using, or purchasing services, and/or otherwise utilizing CAREPFS you acknowledge that you have read, understood and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations in the jurisdiction of the country from where you access this site. If you do not agree to all of these terms, you may not access, use or purchase services from this website

1. Central America Real ESTATE PROPERTY FOR SALE

The website CentralAmericaRealEstatePropertyForSale.com is primarily an Internet advertising service for real estate related business. CAREPFS makes the following available to the general public on an as-available basis:

Advertising of For-Sale property listings
Button and Banner advertising of real estate and associated service providers
Associated real estate-related services

2. ACCESS AND USE

a – Access – You shall be solely responsible for hardware, interconnections and telecommunications to access the Site. You agree to not use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the CAREPFS website or the content contained on any such web page for commercial use without REPFSG’s prior express written permission. You will not spam or send unsolicited e-mail or other messages to any other user of the Site for any reason, by means of CAREPFS or otherwise. You agree to not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree to not take any action that imposes an unreasonable or disproportionately large server load on CAREPFS. You agree not to modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon, the Site or any software or programming related thereto. Any access or attempt to access any non-public areas of CAREPFS’ computer system, or information contained on the system is strictly prohibited.

b – Use – The Site is for the exclusive use of those interested in real estate and related service providers. Subject to the terms contained herein, REPFSG hereby grants to you a non-exclusive, non-transferable, non-sublicenseable, world-wide license to use the Site, which shall include the right to search, display and print the property listings appearing on CAREPFS for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. REPFSG reserves any rights not expressly granted herein. You may not search, display, print, distribute copy, reproduce, publish, download, or transmit any material on the Site for commercial use without prior written approval of REPFSG. You may not “mirror” or “frame” any material contained on this Site on any other server or website, regardless of means, without prior written permission from REPFSG. REPFSG reserves the right to monitor your access and use of the Site and your compliance with the terms hereof without notice to you.

c – Use Restrictions – You shall be responsible for determining which laws or regulations are applicable to your use of the Site. You may only use the Site in a manner that, in REPFSG’s sole judgment, is consistent with the purposes of the Site. If you are unsure of whether any contemplated use or action is permitted, please contact REPFSG immediately for clarification. By way of example, and not limitation, the following uses described below of the Site are expressly prohibited:

to transmit, e-mail, re-transmit or store material on, through or from the Site which, is in violation of any local, state, federal or non-United States law or regulation or is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or that violates the rights of any individual, group or entity, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations
to upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that could give rise to any civil or criminal liability under both domestic and international law.
Pornography and pornographic related merchandising are prohibited, including providing links to pornographic content elsewhere
to impersonate any person or entity, including, but not limited to, a REPFSG employee or agent, or falsely state or otherwise misrepresent your affiliation with a person or entity, or misrepresent yourself as actual buyers or sellers of real estate.
to upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
to upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, or solicit any person or company using any telephone number, email address or other contact information found on the Site for any reason other than the purchase of real estate or related services advertised for sale on the Site.
to upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
to interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
to intentionally or unintentionally violate any applicable local, state, national or international law through use of this site.
to effect security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient.
to rent, lease, transfer, resell and/or otherwise transfer rights to the Site.
to delete or write over any portion of any listing or software appearing on or relating in any manner to the Site.

d – Hyperlinks – You are granted a limited, nonexclusive right to create a “hypertext” link to CAREPFS provided that such link does not portray REPFSG or CAREPFS in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to display any content, information, layout, design, copyrighted works, trademark, logo or trade name appearing on CAREPFS. Links on the Site to third party websites are provided solely as a convenience to you. If you use these links, you will leave the Site. REPFSG has not reviewed all of these third party websites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. Except as expressly set forth on the Site, REPFSG does not endorse or make any representations about third party websites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to by this Site, you do so entirely at your own risk.

3. DISCLAIMER OF WARRANTIES

The Site, including all content, services, goods, software, functions, materials, and information found or available thereon, is provided “as is” and “as available” without warranties of any kind, either express or implied including but not limited to the following:

REPFSG does not warrant or make any representations regarding the operation of the Site, the use, validity, applicability, propriety, accuracy or reliability of, or the results of the use of the Site or any other sites linked to from this Site. The Site materials may be out of date, and REPFSG makes no commitment to update the Site materials or otherwise monitor same.
REPFSG does not and cannot guarantee that the platform on which the site is based will be continuously available and that when it is, it will be free from infection, viruses, worms, Trojan horses, or other code that could manifest contaminating or destructive properties.
REPFSG does not warrant that the Site, including any software, materials, products, or services, will be uninterrupted or error-free or that any defects in the Site, including any software, materials, products, or services will be corrected.
REPFSG assumes no responsibility for the alteration, deletion, mis-delivery or failure to deliver or store any of your communications, data, or personalization settings, including but not limited to messages sent or received by means of the Site.
REPFSG makes no warranty that the Site will meet your requirements, that the Site will be secure or error or virus free, or that defects in the software driving the Site will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to a computer system or loss of data that results from the download of such material and/or data.
No advice or information, whether oral or written, obtained by you through the Site shall create any warranty not expressly made herein.
REPFSG makes no warranties regarding the number or types of properties available for sale on the Site, or whether any property listed on the Site for sale will ever be purchased.
REPFSG makes no warranties regarding any of the terms a buyer or seller may or will obtain with respect to any property listed on the Site, the number of ‘hits’ or page views of any property listed on the Site, or the scope of dissemination of any property listed on the Site.
REPFSG makes no warranties whatsoever regarding the ownership, authority to sell or rent, or condition of any property listed on the Site, or the sincerity or ability to pay of any potential buyer or tenant.
REPFSG makes no warranties regarding the quality or quantity of telephone calls, email or other inquiries received by users that advertise on the Site.
REPFSG makes no warranties regarding the appearance, alteration or removal of a property listing on third-party websites or the like.
REPFSG makes no warranties that a property listing will appear anywhere in particular online or offline, or for any period of time, except as expressly set forth on the Site.
REPFSG makes no warranties regarding the quality or quantity of properties listed on the Site for sale.
REPFSG makes no warranties regarding the quality of the service providers that advertise on the Site or regarding the services or goods provided by same.
REPFSG makes no warranties regarding the ability of a Site user to access or use the Site, or purchase services or goods made available on the Site, at any particular time or times or from any particular geographic location, area, state or region.

4. LIMITATION OF REPFSG’s LIABILITY

In no event will REPFSG, or anyone associated with its management be liable for any damages, losses, or liability, including, without limitation to:

direct, indirect, special, incidental, or consequential damages
damages, losses or liability resulting from failure to sell or purchase real property on certain terms or otherwise
damages, losses or liability resulting from lost profits, lost data (or other intangibles), or business interruption, either arising out of or relating to the use of the Site (including the use of the services of any third parties that CAREPFS links to) and any information contained thereon, or the inability to use the Site,
resulting from your failure to comply with this Agreement, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages.
servicing, repair or correction of equipment or data that becomes necessary as a result of your use of this site.

5. INDEMNIFICATION

You agree to immediately notify REPFSG of and indemnify any member of REPFSG management or employ harmless from, any claim, loss, or demand (including reasonable attorneys’ fees and costs) made by any third party arising out of or a result of:

your use of the Site (including the unauthorized use of your account/email or any other breach of security known to you)
the violation of any term of this Agreement by you
the direct or contributory infringement by you, or another user using your account/email of any intellectual property or information yo u obtained from the Site.

6. USER-SUBMITTED INFORMATION

You are solely responsible for the contents of your submissions or messages intended for CAREPFS and the same shall be treated as non-confidential and non-proprietary unless expressly stated otherwise. You grant to REPFSG a worldwide, perpetual, irrevocable, royalty-free, sublicenseable right, in any media now known or currently known, to exercise all copyright and other intellectual property rights with respect to such submissions or messages. You agree that any such submissions or messages, including but not limited to property listings, or any derivative works thereof, may be disseminated, distributed, publicly displayed on third party websites in accordance with the REPFSG privacy policy. You agree to provide true, accurate, current and complete information and to maintain and promptly update such information to keep it true, accurate, current and complete. You warrant that you own and are authorized to offer for sale and to sell any property you submit to the Site for listing. You represent and warrant to REPFSG that any information, photographs, images, graphics, video records or the like, virtual tours, drawings, written descriptions, remarks, narratives, pricing information and other copyrightable elements relating to your property listing do not violate or infringe upon the rights, including any copyright rights, of any person or entity.

7. FEES, REFUNDS AND CANCELLATION

All charges shall be at the then-advertised price for the service(s) selected, and must be paid by direct charge to a credit card through one of our payment processing companies. Once your property listing is posted on CAREPFS (even if only for review) you agree that all sales are final, and there are no credits or refunds available whatsoever except at the sole discretion of REPFSG. Should you decide to cancel before any preparatory work has been undertaken, refunds are considered at the sole discretion of REPFSG subject to a US$75 administration fee. You may alter or remove your property listing or advertisement from CAREPFS at any time by contacting us and requesting such amendment or removal as necessary.

8. TERMINATION

This Agreement may be terminated by any party immediately for any reason or no reason, including but not limited to your breach of this Agreement. Upon any termination of this Agreement, REPFSG will remove from the Site any listings or other materials you may have previously submitted.

9. ALTERATIONS TO AGREEMENT/SITE

REPFSG may alter or amend this Agreement at any time without notice by revising this page. By accessing, using or purchasing services or goods made available at CAREPFS you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms and conditions to which you are bound. REPFSG may alter or amend the content of its website, including the services made available at any time and without notice. For example, REPFSG may, in its sole discretion and at any time, discontinue the Site, or any component thereof.

10. NOTICES

Notices given by REPFSG to you will be sent to the e-mail address you provided to CAREPFS as part of the subscription process, or to updated addresses which you have subsequently provided to REPFSG . Notwithstanding anything herein to the contrary, it is your sole responsibility to update your e-mail address for notices hereunder, and notice sent to the e-mail or conventional mailing address last provided by you to REPFSG shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.

11. MISCELLANEOUS

This Agreement shall be deemed to express, embody and supersede all previous understandings, agreements and commitments, whether written or oral, between you and the REPFSG with regard to the subject matter hereof. If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. REPFSG’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by REPFSG in writing. The Section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by REPFSG. Neither this Agreement, nor the rights and obligations contained herein, may be assigned in any manner by you without the prior express written permission of REPFSG. These terms do not alter in any way the terms of any other separate agreement you may have with REPFSG.

12 – SITE-SPECIFIC TERMS AND CONDITIONS

Property Listings

1 – Property Listings – Advertised until SOLD!

Acceptance and publication of your Listing on the Site implies no guarantee whatsoever by REPFSG that your property will be sold. The position of your listing on the website is not guaranteed except insofar as your particular subscription stipulates. New listings are entered at the top of the page and will descend progressively as other Listings are added or when existing listings are renewed or ‘bumped’.

Your subscription retains no monetary, refundable or transferable, value beyond the first six months of advertising. After this period, it remains publicly available on the Site without charge to you subject to your ongoing compliance with the terms of this agreement and the continuing availability of the Site.

Amendments to your Listing Ad must be submitted by email. Once received the Listing Ad will be updated as soon as reasonably practical. REPFSG reserves the right to request a change fee for any and all updates beyond those included in your subscription and are subject to the terms of this agreement in regard to their acceptance criteria. A subscription or subscription period applies to one specific property only and any requested change cannot include a change or addition of another property that is different from that originally advertised.

It remains your responsibility to reconfirm with CAREPFS within every 6 month period that the property you have advertised remains available for sale at the price you have stated. You are obligated to tell CAREPFS should this not be the case. Failure to reconfirm these details prior to the expiration of each 6 month period removes any liability by CAREPFS to continue your subscription on the basis of which it was originally purchased. Should you fail to reconfirm your listings within the prescribed time frame, CAREPFS reserves the right to remove it from public display and will not thereafter reinstate it without payment of an administration fee.

Following reconfirmation of your Listing Ad at the end of each six month period, CAREPFS will arrange for it to be moved to the top of our homepage listings (bumped) and re-featured on the respective facebook page should one exist at the time of the reconfirmation. We reserve the right to refuse publication of your Listing Ad or implement any changes which we consider in our sole opinion as being detrimental to our website or for whatever other reason we deem appropriate. If this should occur at the start of your subscription before any compilation work has begun, we shall refund your subscription in full. If it happens at any other time you may resubmit your proposed changes.

2 - facebook listings

Your Property Listing will be included on our respective facebook business page when available as part of your subscription for as long as the page remains available. We may however, for whatever undisclosed reason discontinue our association and use of the facebook Business Page product at any time and with no notice. For whatever reason, should facebook discontinue its service, then REPFSG is under no liability to provide an alternative or replacement for the service which was provided via facebook.

3 – Audio Video Slideshows

All optional Audio Visual slideshow presentations are designed and created for the then one-time current fee associated with this option. Subsequent availability and hosting is provided at no charge to you on an as available basis, beyond which REPFSG accepts no further liability. Any Audio Video Slideshow presentations created for your Property remain the property of REPFSG who grant a non-exclusive license for it to be used for the purposes of advertising your property, or our business for which you give your permission. Hosting for the Video is provided by YouTube (or any other third party hosting provider we choose to use) who may withdraw their service at any time and without notice. For whatever reason, should YouTube, or any other third party hosting provider used at the time, discontinue its service, REPFSG is under no liability to provide an alternative or replacement for the service which was provided. REPFSG is also under no liability to provide a refund for the video as the original fee was for compilation of the video and not its ongoing hosting and availability.

4- Cross-Advertising

All optional cross-advertising carried out on other websites within the REPFSG network is subject to the individual Terms and Conditions of each particular website.

5 – Bumping your listing

When available, your listing may be moved to the top of the property listings on our homepage, subject to the then current payment of a ‘bump’ fee. No guarantee is given as to how long your property will remain in the ‘bumped’ position and no refunds will be given should you feel your property has not remained in the ‘bumped‘ position for sufficient time. You may ‘bump’ your listing as many times as you wish subject to payment of the ‘bump’ fee.

Button & Banner Advertising

Acceptance and publication of your Advertisement on the Site implies no guarantee whatsoever by REPFSG that the business, product or service you are advertising will be patronized or purchased during the Advertisement’s subscription period.

The position of your Advertisement is not guaranteed except insofar as stipulated in the subscription you have purchased. Once an Ad position has been reserved via subscription, it remains unavailable to others until the end of the subscription period. Amendments to your Advertisements must be submitted by email and the Advertisement will be updated as soon as reasonably practical. REPFSG reserves the right to request a change fee for any and all updates.

We reserve the right not accept animated advertisements which in our sole opinion consider inappropriate for the Site. If we do accept them, we will charge an additional fee for their use due to effect on our page loading times in comparison with static Advertisements.

Four weeks prior to the expiration of your Advertisement we will contact you to inquire if you wish to extend your subscription for a further period. If you do not renew by the expiration date your Advertisement will lapse and not appear on the Site. We reserve the right to refuse publication of your Advertisement in which case we shall refund your subscription in full in the first instance and on subsequent instances less an administration fee.

Advertising via a Button or Banner Ad includes a complimentary featured listing in our Business Directory and associated facebook business page if one exists.

Business Directory

You may suggest up to 10 appropriate Tags that adequately describe the general activity of your business from the list of Tags that currently exist or by suggesting additions. We reserve the right to accept the association of particular tags with your business based upon keeping the Directory both useful and meaningful to those who use it.

All Directory entries will be featured for free in the Business section of our facebook page if one exists at the time.

1 – Bumping your Directory entry

When available, your listing may be moved to the top of the user-initiated Directory search results, subject to the then current payment of a ‘bump’ fee. No guarantee is given as to how long your business will remain in the ‘bumped’ position and no refunds will be given should you feel your business has not remained in the ‘bumped‘ position for sufficient time. You may ‘bump’ your business as many times as you wish subject to payment of the ‘bump’ fee. ‘Bumping’ your business in this way will raise its position under ALL Tags associated with it not just one.

For Sale Websites

All purchases of ‘For Sale websites’ are subject to the terms and conditions pertaining to them as stipulated by WebpagePlus+

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